N.J. Admin. Code § 13:1-16.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:1-16.3 - Appeals from Commission licensure actions

(a) Decisions of the Commission pertaining to denial of licensure, refusals to renew, and adverse licensure actions shall be final agency decisions subject to appeal to the Superior Court, Appellate Division within 45 days of receipt of the written decision. Absent an appeal to the Superior Court, all findings of the Commission shall become final upon the expiration of the appeal deadline. Pursuant to N.J.SA. 52:17B-71f.b, upon review on appeal to the Superior Court, the Commission's decisions will be upheld unless the court finds the Commission's decision was arbitrary, capricious, or unreasonable, or the record was unsupported by substantial credible evidence.

(b) Where an adverse licensure action has been issued or adopted in a Commission final decision, the licensee may submit a written request to the Commission Chairperson for a stay, pending appeal to the Appellate Division of the Superior Court of New Jersey, which written request shall set forth all facts and arguments in support of the stay request. The Commission Chairperson may deny a stay request if they determine that the grant of a stay would be averse to the best interests of public safety or inimical to the integrity of law enforcement licensing. The decision of the Commission Chairperson on the stay request shall constitute a final decision, which may be appealed to the Superior Court of New Jersey, Appellate Division.

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023